State of Wisconsin Local Government Property Insurance Fund v. Lexington Insurance Company et al

Filing 125

ORDER signed by Judge J.P. Stadtmueller on 7/17/2017: GRANTING 100 Defendant Milwaukee County's Motion for Judgment on the Pleadings; DISMISSING Defendant Milwaukee County from action; DENYING as moot 116 Plaintiff's Motion for Leave to File Amended Complaint; DENYING as moot 123 Defendant Lexington Insurance Company's Motion for Reconsideration; and GRANTING in part and DENYING in part 119 Plaintiff and Defendant Lexington Insurance Company's Motion to Amend the Court's 2/3/2017 Trial Scheduling Order. Parties to file a notice regarding a new trial date as provided in this Order by 2:00 PM on 7/19/2017. See Order. (cc: all counsel) (jm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
STATE OF WISCONSIN LOCAL
GOVERNMENT PROPERTY
INSURANCE FUND,

v.

Case No. 15-CV-142-JPS-JPS

Plaintiff,

LEXINGTON INSURANCE
COMPANY, THE CINCINNATI
INSURANCE COMPANY, and
MILWAUKEE COUNTY,

ORDER

Defendants.
On July 13, 2017, the Court ordered that Plaintiff State of Wisconsin
Local Government Property Insurance Fund (the “Fund”) should be
permitted to amend its complaint to state a claim against Defendant
Milwaukee County (the “County”). (Docket #120). The proposed
amendment, however, would destroy the Court’s subject matter
jurisdiction. Id. The Court therefore allowed Plaintiff a period of time in
which to elect whether it truly wished to amend its complaint. Id. The Fund
has chosen to withdraw its request for leave to amend and its motion to that
effect will be denied as moot. (Docket #124). In accordance with the analysis
in the July 13 order, the County’s motion for judgment on the pleadings will
be granted and it must be dismissed from this action. See (Docket #120 at 4).
Defendant Lexington Insurance Company’s (“Lexington”) motion for
reconsideration of the July 13 order will also be denied as moot. (Docket
#123).

Also on July 13, 2017, the Fund and Lexington filed a joint motion to
amend the Court’s February 3, 2017 trial scheduling order. (Docket #119).
The current trial date for this matter is September 18, 2017. (Docket #51 at
1). The parties’ motion states that they do not believe they can complete all
desired discovery prior to that date. The parties ask the Court to reschedule
the trial to no earlier than February 26, 2018.
The Court is, in large measure, unmoved by the parties’ complaints.
At the February 2, 2017 scheduling conference, the Court provided the
parties with each of the dates embodied in the scheduling order. See (Docket
#50). It further explained that these dates, especially the trial date, were not
subject to substantial, if any, adjustment. Id. Both parties have now fully
participated in choosing this Court as their forum: Lexington by its
removal, and the Fund by declining to advance its claim against the County.
The Court will not hear them complain that they now regret their choices.
It also strikes the Court that much of the discovery the parties say they have
done, and need to do, is duplicative, unnecessary, or wasteful of their
respective clients’ resources.
The Court will, nevertheless, grant the parties’ motion on a limited
basis. The trial will not be adjourned into 2018; this matter will be concluded
before the New Year. The Court is available for trial beginning on the
following dates (all Mondays): October 30, November 27, and December 4.1
The parties are directed to confer and determine which of these dates are
jointly acceptable. The parties will submit a joint filing to this effect no later

The parties’ Rule 26(f) report stated that they anticipated a three-week
trial. (Docket #47-1 at 7). The Court is confident that this case would need
substantially less time than that to be tried to completion. Still, in the interests of
caution, December 4 is the last viable trial date in 2017 that would ensure the case
is concluded prior to January 1, 2018.
1

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than Wednesday, July 19, 2017 at 2:00 p.m. 2 If the parties cannot agree on
a new trial date from among those offered, the current date will remain in
effect. The parties should further note that the only date the Court is
considering for adjournment is the trial date itself. All other hearings and
deadlines set forth in the February 3, 2017 trial scheduling order will remain
in effect.
Accordingly,
IT IS ORDERED that Defendant Milwaukee County’s motion for
judgment on the pleadings (Docket #100) be and the same is hereby
GRANTED;
IT IS FURTHER ORDERED that Defendant Milwaukee County be
and the same is hereby DISMISSED from this action;
IT IS FURTHER ORDERED that Plaintiff State of Wisconsin Local
Government Property Insurance Fund’s motion for leave to amend its
complaint (Docket #116) be and the same is hereby DENIED as moot;
IT IS FURTHER ORDERED that Defendant Lexington Insurance
Company’s motion for reconsideration (Docket #123) be and the same is
hereby DENIED as moot;
IT IS FURTHER ORDERED that the joint motion of Plaintiff State
of Wisconsin Local Government Property Insurance Fund and Lexington
Insurance Company to amend the Court’s February 3, 2017 trial scheduling
order (Docket #119) be and the same is hereby GRANTED in part and
DENIED in part in accordance with the terms of this Order; and

It is not clear whether Defendant Cincinnati Insurance Company would
be meaningfully involved in a trial, if at all. The parties should update the Court
on this issue as well.
2

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IT IS FURTHER ORDERED that the parties shall file a notice
regarding a new trial date as described by this Order no later than
Wednesday, July 19, 2017 at 2:00 p.m.
Dated at Milwaukee, Wisconsin, this 17th day of July, 2017.
BY THE COURT:

____________________________________
J. P. Stadtmueller
U.S. District Judge

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